W9127S19Q0040_Combined_Synopsis_Solicitation.pdf

W9127S19Q0040

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The simplified acquisition procedures of FAR Part 13 will be used in conjunction with commercial items procedures of FAR Part 12.

Solicitation # W9127S19Q0040. This solicitation is issued as a request for quote (RFQ).

Solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2019-02, effective May 6, 2019.

This is a full and open solicitation. NAICS code is 562111, size standard is $38.5 million.

All proposals shall be submitted no later than June 24, 2019, by 5:00pm central time.

All questions and technical inquiries relating to the proposal shall be submitted via e-mail no later than June 20, 2019, by 12:00pm to Timothy Pighee at Timothy.A.Pighee@usace.army.mil.

Due to the timeline of this requirement, a Kickoff Meeting will be held within 48 hours of contract award. This meeting is to establish the rules of engagement related to required services, introduce key members of the PDT, and provide an overview of the way forward. All members of the PDT shall be invited. This meeting shall be conducted via teleconference or on-site. An on-site kickoff meeting is preferred.

STATEMENT OF WORK

SOLID WASTE REMOVAL

CLEARWATER LAKE, PIEDMONT, MISSOURI

PART 1 – GENERAL INFORMATION

1. GENERAL: This is a non-personnel services contract to provide SOLID WASTE

DISPOSAL SERVICES. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor, who in turn is responsible to the Government.

1.1 Description of Services/Introduction/Submittals Required at time of bid: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Solid Waste

Disposal as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract. The contractor shall submit the following for approval when bids are submitted for this solicitation, at the minimum, submit a Safety Plan which shall include a detailed

(AHA) Activity Hazard Analysis, certificates of insurance; Quality Control Plan, designated

Quality Control person, and description and location of State of Missouri Licensed facility where all refuse as a result of this contract will be disposed at.

http://farsite.hill.af.mil/reghtml/Regs/FAR2AFMCFARS/FARDFARS/FAR/12.htm?zoom_highlight=12%2E603#P298_49781 mailto:Timothy.A.Pighee@usace.army.mil

1.2 Background: Clearwater Lake is a USACE Project situated in southeast Missouri. The lake consists of five modern recreation areas and one administrative area. The lake resides in Reynolds and Wayne Counties. The parks consist of camping facilities, picnic shelters, swim beaches, trails, and boat launching facilities.

1.3 Objectives: The intent of this contract is to provide solid waste disposal services for the Clearwater Project.

1.4 Scope: Work shall consist of furnishing all labor, equipment and material necessary to remove and properly dispose of solid waste from public use areas and the Project office at Clearwater Lake project, in accordance with the specifications contained herein, or incorporated by reference.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance reads as follows:

Base Year July 1, 2019 – June 30, 2020 or from time of award than a 12 month period

Option Year I July 1, 2020 – June 30, 2021 or from time of award than a 12 month period

Option Year II July 1, 2021 – June 30, 2022 or from time of award than a 12 month period

Option Year III July 1, 2022—June 30, 2023 or from time of award than a 12 month period

Option Year IV July 1, 2023—June 30, 2024 or from time of award than a 12 month period

This contract, at the option of the Government, may be renewed for four options

1.6General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. After acceptance of the quality control plan the contractor shall receive the contracting officer’s representatives’ acceptance in writing of any proposed change to his QC system.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays:

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 8:00 am to 4:30 pm Monday thru Friday except Federal holidays or when the

Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the

Contractor shall keep in mind that the stability and continuity of the workforce are essential.

Also, on pick up days that fall on a federal holiday the pickup will typically be scheduled for the next business day(see attached proposed schedule). In the event additional pickup and disposal services are required on dates other than those listed in the schedule, the COR may require the contractor to perform such services, which may include the placement of additional dumpsters. Additional dumpsters are listed on the bid schedule as HOLIDAY

PICKUPS and SPECIAL EVENT PICKUPS.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at the Clearwater Lake Project Office both in various parks and around the Clearwater Lake

Project. See attached mileage charts. The lake is located in Wayne and Reynolds Counties, Missouri

1.6.6 Type of Contract: The government will award a Firm Fixed Price Contract.

1.6.7 Security Requirements:

PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.8 Special Qualifications: BLANK

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance.

At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

Pre-Work Conference. Upon receipt of the notice of award, the successful bidder shall contact the Operations Manager to arrange a pre-work conference. The contractor and any superintendents shall attend a pre-work conference at the Clearwater Project Office prior to commencement. The conference consists of discussions concerning performance, equipment, safety, scheduling, etc. The contractor shall submit the following for approval at this meeting:

a safety plan; certificates of insurance; a quality control plan; a written designation of an “On the job supervisor” or superintendent

1.6.10Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the

Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the

Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor

Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11Key Personnel: The following personnel are considered key personnel by the government.

Contract Manager. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00am – 4:30 pm Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

Superintendent. The contractor shall furnish, in writing, to the COR, the name or names of superintendent(s) for on- the-job contact, supervision purposes, and quality control. The

Superintendent(s) shall be required to attend pre- work conferences prior to commencing work under this contract. The Superintendent shall have a Contractor supplied cell phone with which the Government can contact them.

Safety Officer. The contractor shall furnish, in writing, to the COR the name of the person who shall serve as Safety Officer. The Safety Officer shall be responsible for implementing the Contractor’s Safety Program.

The Contract Manager, Superintendent (Quality Control), and Safety Officer may be collateral requirements.

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

Contract Employees. All contract employees and subcontractors shall conduct themselves in a proper manner at all times. Since the majority of work will be performed in the presence of the general public, the conduct of all employees and/or subcontractors is critical and will be closely monitored. No alcoholic or intoxicating beverages or substances or illegal drugs or controlled substances not prescribed by a physician shall be possessed or consumed while on duty. All contractor personnel shall comply with the EM 385-1-1 requirements, most current edition, including requirements regarding dress and safety clothing.

1.6.13 Telephone Requirement. Any successful bidder will be required to have a telephone in his home or place of business during the entire contract period, and the number of this telephone must be furnished the Operations Manager. If an answering service is used, it must be checked daily and incoming calls returned by 9:00 a.m. the next business day. In addition, the refuse truck driver shall be equipped with a cellular phone and the number provided to this office.

1.6.14Other Direct Costs: Costs could include, but not limited to, labor, insurance, costs of dumpsters, permits, trucks, gasoline, and all other costs to perform services listed herin.

1.6.15Data Rights NOT APPLICABLE

1.6.16Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5.

The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting

Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.7Security Requirements.

1.7.1 General Overview.

a. All Contractor and Subcontractor Employees (CSEs), regardless of citizenship status, working under this contract and/or applicable task orders shall obtain favorable adjudication of their individual security screening/background investigation by the SWL-District

Security Officer (DSO) and must present documentation (see paragraph 3.) to prove citizenship and identity.

b. Background check/investigation disqualifying factors include: Any felony conviction, or misdemeanor conviction within the previous five years for a crime of violence, drug use/possession, theft or fraud.

c. If an individual’s record check and/or background investigation reflects a history of conduct that involved questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations, the determination shall be made that the individual’s presence onsite, supports an unacceptable risk-judgment, being issued by the SWL-DSO.

d. Security protocols dictate CSEs, that have not completed the requirements of paragraph

2. and 3., shall not be allowed on the site unescorted. Advance coordination with the

Contracting Officer’s Representative (COR) and DSO is required for escort of uncleared

CSE’s.

1.7.2 Personnel Security Investigation Package.

a. Prime Contractors shall submit the following package for each CSE to the COR within three (3) working days after Notice to Proceed is issued, OR a minimum of ten (10) working days prior to the date the Prime Contractor requests unescorted access for a CSE in and/or around all District facilities.

b. An SWL Form 487 Contractor Required Information Form.

c. An original Optional Form (OF) 306 with CSE signature as Appointee.

d. A copy of the USACE-Little Rock District National Background Screening

Consent/Release Form (credit card information blackened out) that was submitted to SSCI by the contractor at the contractor’s expense.

e. The investigation package shall be transmitted in a sealed envelope together with a transmittal letter attached to the outside of the envelope for each applicant with the following information:

(1) Contract Number and Title.

(2) Contracting Officer’s Representative Name, Office Phone Number and Cellular

Number.

(3) CSE’s Full Name and Contact Information.

(4) Prime Contractor Name, Address, and Telephone Number (IF APPLICABLE).

(5) Security Investigation packages shall be forwarded by the COR to the SWL-DSO for processing and adjudication. Incomplete forms, illegible forms, etc., shall be returned for correction and shall delay the CSE from beginning work.

(6) If there is any change in personnel (whether an addition or replacement) at any given time, throughout the duration of the contract, those new personnel must be vetted and approved by the SWL-DSO, IAW the requirements contained herein, prior to being granted any access to any USACE property.

1.7.3 Access Approval.

a. The DSO shall notify the COR that the CSE has fulfilled the initial requirements for a

Temporary or Permanent Approval to begin work. If the DSO determines that a CSE shall require fingerprints, the DSO shall provide on-site fingerprinting once per contract, or when a contractor has a minimum of five CSEs requiring fingerprinting. Alternate sites may be used providing the fingerprints are taken electronically, printed on a Standard Fingerprint Form FD-

258 and forwarded to the DSO for processing. This shall increase processing times by up to ten (10) working days.

b. If fingerprint requirements (ref. paragraph 3.a) apply, then each CSE shall be subject to fingerprinting at the worksite by DSO personnel. Refusal to be fingerprinted shall be grounds for immediate removal from the site.

c. Approval for site entry: Each CSE shall have in their possession the written approval by the Government to begin work, and one (1) of the following forms of identification:

(1) Driver’s License/ID Card issued by a state, or outlying territory, of the U.S.

Government.

(2) ID Card issued by federal, state, or local government agency/entity with photograph.

(3) U.S. Passport (current).

(4) In addition to one of the forms listed above, each short term CSE shall have their original social security card, and one of the following original citizenship validating documents in their possession on the CSE’s first day on site:

(a) U.S. Birth Certificate.

(b) U.S. Certificate of Citizenship-INS.

(c) U.S. Certification of Naturalization.

(d) FS-545, Certificate of Birth Abroad.

(e) U.S. Certificate of Report of Birth.

(f) U.S. Consular Report of Birth Abroad.

(5) Final Government approval/disapproval may occur IAW paragraph 3. (above)

WITHOUT fingerprinting, however in the event that fingerprinting is required the following applies: Final Government approval/disapproval shall normally be provided within five (5) working days after electronic fingerprints have been submitted by the DSO. Note: This is an estimate based upon many factors involved in the process of transmitting, receiving, and adjudicating electronic fingerprints. All approvals, approvals with restrictions, or disapprovals provided by the Government shall be considered final, with no appeal rights for the contractor or the individual under review.

Note: The DSO shall be given five (5) days advance notice to be On-Site to collect fingerprints. CSEs shall not be permitted to access the site until approved by the DSO.

1.7.4 Forms and Attachments.

a. The USACE-Little Rock District National Background Screening Consent/Release Form shall be provided by the COR upon award of contract. The contractor shall fax a completed copy of the USACE-Little Rock District National Background Screening Consent/Release

Form to SSCI at 1-866-996-1292 and include a copy in the security investigation package

(credit card info blackened out). Information pertaining to SSCI can be located at the following web address: http://www.ssci2000.com. Payment for the preliminary background investigation is the responsibility of the contractor.

b. A typed OF-306 shall be included in the security package, affixed with original date and signature as an appointee. The OF-306 shall be provided by the COR or may be found at the following web site: http://www.opm.gov/forms/pdf_fill/of0306.pdf.

c. The SWL Form 487, Contractor Required Information Form, shall be provided by the

COR upon award of contract. The contractor shall provide a separate typed District

Contractor Required Information Form for each CSE to the DSO the first day the CSE is on-site while CSEs are being fingerprinted (if fingerprints are required).

d. Additional Vetting/Screening. It is important to understand, that in our ever changing world, the above requirements can not possibly account for 100% of all potential circumstances. At any given time, personnel may be subject to additional scrutiny, on a case by case basis, at the discretion of the DSO.

1.7.5 Mandatory Training and other Requirements for all Contractor/Subcontractor Personnel.

a. Training: IWATCH / Corps Watch Suspicious Activity Reporting (AT/OPSEC Cover

Sheet, pg. 2, Section G, 4).

b. In modern times, Security is simply EVERYONE’s responsibility. We owe it to our organization, our families, and ourselves to constantly be vigilant about what goes on around

us. Trust your instincts. We rely on our senses every day of our lives. If a behavior or activity http://www.ssci2000.com/ http://www.opm.gov/forms/pdf_fill/of0306.pdf makes you feel uncomfortable, report it. If it doesn’t look, sound, or smell right, report it.

The simple rule is, “If you see something, say something!”

c. The contractor and all associated sub‐contractors shall brief all employees on the local iWATCH, Corps Watch, or See Something, Say Something program (training standards provided by the requiring activity ATO – contained herein, below). This local developed training shall be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within

30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after contract award.

d. Give as many details as you can and report, at a minimum, the following:

(1) What you witnessed including the date, time and location?

(2) Description of who was involved?

(3) Male or Female?

(4) Height, build, hair/skin color, and age?

(5) English speaking or otherwise?

(6) Vehicle description /license number?

(7) Have you seen this activity before?

e. How to report:

(1) In an emergency – call 911.

(2) Notify your immediate supervisor and COR.

1.7.6 Other Requirements: Pre-screen candidates using E-Verify Program (AT/OPSEC

Cover Sheet, pg. 2, Section G, 15).

a. The US Army Corps of Engineers is a federal organization, wholly committed to observance of, and compliance with, all federal, state, and local laws, governing prerequisites for persons meeting established employment eligibility requirements.

b. The Contractor must pre‐screen Candidates using the E‐verify Program

(http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of

Government issued identification, in order to ensure the correct information is entered into http://www.dhs.gov/E the E‐verify system. An initial list of verified/eligible Candidates must be provided to the

COR no later than 3 business days after the initial contract award.

PART 2 – SPECIFIC TASKS

2 General

2.1 Basic Services. The contractor shall provide services for solid waste/trash removal services a solid waste removal service shall include the following:

Solid Waste Removal From Dumpster

Policing of Dumpster Areas

Disinfect Dumpsters

Wash-Down Dumpsters

Timeliness

2.2 Task Standards. Specific standards for the requirements listed above are as follows.

2.2.1 Solid Waste Removal. Complete removal of trash and debris from dumpster on each scheduled service or each unscheduled service. (Critical Element)

2.2.2 Policing Area. Pick up and dispose of trash within a 25 foot radius of the dumpster each scheduled service or each unscheduled service. (Critical Element)

2.2.3 Disinfect. An application of an approved disinfectant shall be applied to each dumpster at the completion of each solid waste removal operation so as not to attract or propagate insects or vermin, produce offensive odors, or pose a health threat to the public.(Disinfectant shall be submitted to COR for approval prior to use) (Non-Critical Element)

2.2.4 Wash-Down. Wash-Down each dumpster and dumpster lid assembly until free of wastes and waste residue and free of obnoxious odors and apply disinfectant on the first scheduled service of each month. Wash-Down liquid shall not be allowed on ground.

(Non-Critical Element)

2.2.5 Timeliness. Remove solid waste from every dumpster on dates listed in Tentative

Schedule, within the hours listed in paragraph 1.6.4. (Critical Element)

Note: A major defect in a solid waste removal service shall be failure to perform satisfactory one (1) or more critical elements, or two (2) or more non-critical elements.

2.3 Quantity/Location of Dumpsters. The number and location of dumpsters on Clearwater

Project are specified in Technical Exhibit 4. The Contracting Officer’s Representative may change the location of the dumpsters within a park or compound during a regular scheduled service. No additional payment will be made for dumpsters moved within parks or compound.

2.4 Route Schedule. Any pickup that falls on federal holiday shall be picked up on the next business day.

2.5 Disposal of Refuse. All collected refuse shall be transported to and disposed of in a sanitary landfill having a current and valid State or Federal EPA permit. A copy of the permit must be provided to the Contracting Officer’s Representative before any work begins.

2.6 Contractor Exposure Hours. The number of hours worked by the contractor under this contract shall be reported to the Clearwater Project Office each month when contractor submits his monthly invoices

2.7 Accident Reporting. The contractor shall maintain an accurate record of, and shall report to the COR, in the manner and on the forms prescribed by the COR, all accidents within 24 hours of the occurrence and all serious accidents (those resulting in death or injury requiring medical attention) shall be reported immediately

2.8 Safety Requirements. Contractor will be required to comply with all pertinent provisions of the current issue of the Corps of Engineer’s manual EM 385-1-1, entitled "Safety and

Health Requirements Manual" and the Occupational Safety and Health Act (OSHA)

Standards; the more stringent of the two provisions shall apply. MSDS sheets are required on all products used in the performance of this contract.

2.9 Environmental Requirements. Contractor shall comply with all local, State, and Federal environmental laws, rules and regulations in the performance of this contract, including provisions for any applicable permits. Contractor shall not discharge waste water or any other contaminants on Government Property. The contractor shall also comply with all

Rules and Regulations under Title 36, including section 327.9 ( c) which states –The spilling, pumping, discharge, or disposal of contaminants, pollutants or other wastes, including, but not limited to , human or animal waste, petroleum, industrial and commercial products and by-products, on project land or into projects waters is prohibited.

2.10 Site Reduction. In the event a park or portion thereof having scheduled pickups and disposal is reduced in size by closing a part of the park, reducing park operation dates,( or for other reasons such as high water), pickup and disposal services may not be required for the closed park or portion thereof. The Operations Manager, or the COR, will employ measurement procedures in determining the amount of reduction in work required of the contractor because of the reduced work area. At such times as the reduction in the aggregate equals the time previously required for a complete pickup and disposal service at the site, the contractor shall be so notified and credit taken by the Government for pickups and disposal.

Reimbursement for any credited pickups and disposal so accumulated will be at the firm unit price shown in the contract for that particular park involved.

2.11 Administrative Pickups. Contractor to provide 8 CY dumpster meeting the requirements of TP 4.4. Dumpster will be located at the Project Office Compound. Dumpster to be emptied according to Technical Exhibit 11: Proposed Schedule. Payment is per pickup

(typically once weekly).

2.12 Park Pickups. Contractor to provide quantities of dumpsters as outlined in Technical

Exhibit 4, at Clearwater’s five parks (River Road, Piedmont Park, Bluff View, Highway K, and Webb Creek). Pickup dates as outlined in proposed schedule. Payment is made per park pickup (regardless of the number of dumpsters in that park). [example: one week you pick up

3 -8CY dumpsters and 1- 2 CY dumpster at River Road and 1-8CY dumpster at Webb Creek.

Your payment would be for two park pickups, one for River Road and one for Webb Creek]

2.13 Holiday Pickups. Temporarily provide 6 CY minimum containers to collect additional solid waste generated during holiday periods of Memorial Day, Independence Day and Labor

Day. It is anticipated that dumpsters will be placed on the Thursday preceding the holiday and removed the following Tuesday. Exact date to place the additional dumpsters may vary for the Independence Day holiday, according to how the holiday falls. The contractor shall notify the technical representative at least 7 days prior to placement of actual day to place the holiday dumpsters. All solid waste collected shall be removed according to the collection schedule. Payment shall be made per holiday. Additional dumpster requirements for each of the three federal holiday weekends are:

Area Number of Additional Dumpsters/Per

Holiday River Road Park 2 Piedmont Park 2 Bluff View Park 2 Webb Creek Park 1 Hwy K Park 2

2.14 River Road Off-Season. One 8 CY dumpster will stay in river road year around and will be at the spillway dumpster site. In the off season it will be emptied one time a month. This item is listed separately in the bid schedule and identified as River Road Off-Season.

2.15 Special Event pickups. Temporarily provide one 8 CY dumpster at a specific location for any upcoming special event. Location to set the dumpster will determined upon when and where a special event would take place. Contractor will provide the dumpster within 48 hours of notification and pickup/removal of the dumpster will be no more the 2 days after the event.

2.16 Government owned roll-off dumpster pickups. Contractor will provide transportation for a 30 cubic yard dumpster. Dumpster will be hauled to an approved dumpsite and returned to the same location. Contractor will cover the container during transportation so debris and trash will not blow out or be lost. Contractor will provide this service with 48 hours of notification.

PAYMENT

COMPUTATION

a. The following table shall be used to calculate the payment for each scheduled removal service or unscheduled removal service based upon satisfactory completion of each requirement in accordance with contract. A major defect shall result in computation of a deduction in payment for that service according to the following:

PARAGRAPH REQUIREMENT PERCENT

Solid Waste Removal 40

Policing Area 15

Disinfect 05

Wash-Down 05

Timeliness 35

Total 100

COMPUTATION EXAMPLE:

One scheduled removal service costs $40.00. On 12 June the Government QA person noticed the refuse contractor was just leaving River Roadpark as he entered the park. Upon inspecting the dumpsters, all six dumpsters were observed with trash scattered around the general area and none had been disinfected. Two or more minor defects equal a major defect. The deduction for payment would be calculated as follows: $40.00 X

20% (15% for policing

& 5% for disinfect) = $8.00 X 6 (number of dumpsters in park) = $48.00. The amount of the deduction would therefore be $48.00.

Solid waste removal schedule indicated service for Webb Creek Park on Monday June 5 th

. Removal service was not performed until Wednesday June 7 th with no notification from contractor that there was a problem. Timeliness is a major defect and deduction for payment would be calculated as follows: $40.00 X 35% (35% for

Timeliness) = $14.00 X 2 (number of dumpsters in park) = $28.00. The amount of the deduction would therefore be $28.00.

b. Re-inspection. The Government may charge the contractor for re-inspection costs equal to the actual Government cost. These charges will be deducted from the Contractor’s invoice. This charge will apply to all re-inspections of defective work that the Contractor was required to correct due to failure of the

Contractor Quality control system to locate and cure these deficiencies. Re-inspection costs will be computed using the effective labor rate of the Government inspector multiplied times the travel and inspection time required.

The Government’s primary concern is the removal of trash and the overall appearance of the grounds. To this end, the Government prefers timely re-performance of defective work as a remedy for defective performance over the remedy of taking deductions from the contract price for defective work. The Government requires the contractor to comply strictly with the schedule in order to minimize the burden of inspection and to maximize the contractor’s opportunity for timely re-performance of defective work.

PART 3 - CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

3.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract.

3.2 Materials. The contractor shall provide any materials necessary to perform this contract.

Permits. The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable

Federal, State, and Municipal laws, codes, regulations, and ordinances in connection with prosecution of the work.

3.3. Equipment. All contractor vehicles and equipment used in performance of this contract shall be kept clean and in safe operating condition and shall be clearly marked with an all-weather identification sign showing the Contractor’s name, type of business and address.

Vehicles shall be specifically designed for refuse collection and shall possess watertight bodies, which do not permit loss of refuse. Open-box trucks, with or without canvas, shall not be used. The packer-type truck shall be kept in a clean odor free condition while performing disposal operations. Contractor to have capability of obtaining replacement equipment/vehicles for backup to insure completion of contract requirements in the event of breakdowns or other equipment problems. All vehicles shall be equipped with a functional backup alarm which can be heard above all other noise in the area including possible construction equipment.

Large Refuse Containers (Dumpsters). Except where otherwise noted, the contractor shall provide standard commercial-industrial type containers, of heavy gauge metal, leak-proof, and designed for mechanized handling. If dumpsters have drain holes they must be equipped with a plug to prevent leaking of contaminated water. Containers mounted on wheels must have locking devices to prevent inadvertent movement. Unless otherwise noted, containers shall be no more than 8 CY and no less than 4 CY capacities; the overall required capacities are noted for each area. No more than three containers can be used at any one collection station to meet the required capacities. Dumpsters shall be equipped with lids of high-density polyethylene.

Lids are to completely cover top of the dumpster and shall be light enough to permit user to open with minimal effort and shall be arranged so as to allow access to the entire dumpster.

2 Cubic Yard Dumpsters. Three locations require 2 CY dumpsters. See Technical Exhibit 4 for locations of these dumpsters. These dumpsters are not billed separately but are part of the park pickups

Contractor to maintain lids, hinges, rollers, locking devices, and other moving parts to keep containers serviceable. Within one week of notification by the Contracting Officer’s

Representative, the contractor shall repair and repaint, or replace at the contractor’s expense, any bent, damaged, leaking, rusting, or unsightly containers. Containers shall be repainted periodically during the term of the contract to maintain a rust free, pleasing appearance.

Contractor is responsible for transportation of dumpsters to and from the recreation areas.

Dumpsters are to be delivered to the various parks no less than 7 and no more than 10 days prior to the park first pickup date and shall be removed from the park areas following the date of the last pickup. The contractor shall be responsible for removal of any refuse left in the dumpsters following the last scheduled pickup. The park first pickup dates are contained in the attached schedule.

3.4 Performance Capability. Specified collection of refuse and disposal will be required in accordance with the schedule. The contractor must provide sufficient labor, equipment, and supplies to perform all specified services in a satisfactory manner. The following minimum items of labor/equipment are recommended:

UNIT QUANTITY ITEMS

EA 1 Work Crew (1-2 members)

EA 1 Enclosed packer-type truck capable of servicing dumpsters

EA 21 Dumpster, 8 cubic yard

EA 2 Dumpster, 6 cubic yard

EA 3 Dumpster, 2 cubic yard

Adequacy of the equipment to perform the required services will be determined by the

Contracting Officer’s Representative.

3.5 Approval of Equipment and Materials. Prior to commencing work the contractor shall submit to the Contracting Officer’s Representative (COR) a list of equipment available to perform the services listed in this contract. The COR reserves the right to inspect all equipment and material prior to and during the award period of this contract. All materials, equipment and operating procedures will be approved by the COR prior to the commencement of work and prior to implementing any changes.

3.6 No government owned property or equipment will be provided for this contract.

PART 4 – DEFINITIONS & ACRONYMS

4. DEFINITIONS AND ACRONYMS:

4.1 CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

4.2 CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

4.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

4.4 CRITICAL ELEMENT – A critical element is a task, procedure, or operation that has been determined to be mandatory to fulfill the condition, value or measure comprising a standard.

4.5 DEFECTIVE SERVICE. Defect – An instance of noncompliance with a service requirement.

A defect may be caused by either non-performance or unsatisfactory performance.

4.6 DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

4.7 DISINFECT. Application of a mild commercially available disinfectant solution containing cleaner and deodorant diluted to the Association of Official Agricultural Chemists (AOAC) recommended rating for destruction of bacteria.

4.8 FOREIGN MATERIAL – Material not installed or applied as a part of the fixture or facility such as dirt, debris, trash, leaves, hair, limbs, or other material, which may attract or hide vermin or pose a health risk to the public.

4.9 HOLIDAY SERVICES- It is anticipated that extra service will be required due to heavy recreational use during holidays. Specific sizes for these extra holiday dumpsters is noted later in this contract.

4.10 INSPECTION-The examination and testing of supplies or services to determine whether the supplies or services conform to contract requirements. Inspection is the process of measuring, examining, testing, or otherwise comparing the unit of service with the requirements.

4.11 KEY PERSONNEL-Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

4.12 MAJOR DEFECT – A major defect is a defect that is likely to reduce materially the usability of the unit of service for its intended purpose. A major defect is a defect that judgment and experience indicate would result in hazardous or unsafe conditions for individuals using, maintaining or depending upon the service delivery or a defect that judgment and experience indicate requires corrective action to achieve substantial compliance with an established standard. A major defect is also classified as a collection of

2 or more minor defects in the same general area, both close to each other.

4.13 MINOR DEFECT – A minor defect is a defect that is not likely to reduce materially the usability of the unit of service for its intended purpose, or is a departure from the established standards having little bearing on the effectiveness of the unit of service. A minor defect is a defect that judgment and experience indicates is not a substantial deviation from requirements and generally does not require re-performance for overall performance to be considered as satisfactory.

4.14 NON-CRITICAL ELEMENT – A non-critical element is a task, procedure, or operation which has been determined to be essential to the overall condition, value, or measure comprising a standard, but will not constitute a substantial deviation (major defect) from the standard unless viewed in the context of repeated unsatisfactory performance or non-performance.

4.15 PHYSICAL SECURITY-Actions that prevent the loss or damage of Government property.

4.16 POLICING- Pick up and dispose of trash within a 25 foot radius of dumpster each scheduled service or each unscheduled service.

4.17 SCHEDULED SERVICES- Services for the removal of solid waste from parks and project office at Clearwater Lake on the dates specified in Technical Exhibit 11.

4.18 SOLID WASTE REMOVAL – Removal of trash and debris from designated dumpsters and disposal in accordance with state and local laws and ordinances.

4.19 STANDARD – A standard is a desired condition, value, or measure by which a service or product is judged to meet a specification or requirement.

4.20 QUALITY ASSURANCE-The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

4.21 QUALITY ASSURANCE Surveillance Plan (QASP)-An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

4.22 QUALITY CONTROL- All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

4.23 SUBCONTRACTOR- One that enters into a contract with a prime contractor. The

Government does not have privity of contract with the subcontractor.

4.24 TIMELINESS-Timeliness is defined as removal of solid waste from dumpsters, on the dates listed in contract, for scheduled services and within the hours listed in paragraph 1.6.4 or the removal of solid waste on an unscheduled service within 24 hours of initial notification.

4.25 WASH-DOWN- Cleaning with water hose and nozzle or power washer to remove dirt, trash, insects, and other foreign material stuck to the dumpster and dumpster lid assemblies performed on the first scheduled service of each month.

4.26 WORK DAY- The number of hours per day the Contractor provides services in accordance with the contract.

4.27 WORK WEEK- Is defined as Monday through Friday, unless specified otherwise.

ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement

AR Army Regulation

CCE Contracting Center of Excellence

CFR Code of Federal Regulations

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

COTS Commercial Off the Shelf

DA Department of the Army

DD250 Department of Defense Form 250 (Receiving Report)

DD254 Department of Defense Contract Security Requirement List

DFARS Defense Federal Acquisition Regulation Supplement

DMDC Defense Manpower Data Center

DOD Department of Defense

FAR Federal Acquisition Regulation

HIPAA Health Insurance Portability and Accountability Act of 1996

KO Contracting Officer

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

PIPO Phase In/Phase Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

QDR Quality Deficiency Report

TE Technical Exhibit

ATTACHMENTS

Attachment 1 – Bid Schedule

Attachment 2 – Technical Exhibits

Attachment 3 – Past Performance Questionnaire

*** Notice of Evaluation in Contractor Performance Assessment Reporting System The contract awardee shall be subject to Contractor Performance Assessment Reporting System

(CPARS) evaluations. ***

Award will be made to the offeror whose proposal is technically acceptable and lowest priced.

The following evaluation factors and sub-factors will be used to evaluate each proposal:

Factor 1: Technical Approach

Factor 2: Past Performance

The Government’s technical evaluation board will evaluate Offerors’ responses to determine if they are technically acceptable or technically unacceptable (excluding price). In order to be considered technically acceptable, the Offeror’s response shall demonstrate a clear understanding of the requirement in all areas to meet the needs of the SOW. Failure to meet the criteria will render the contractor’s response to be technically unacceptable and will not be considered for award. The Government will evaluate the Offeror’s technical approach.

CONTRACT CLAUSES/SOLICITATION PROVISIONS

The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items Alternate I (Oct 2014).

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws

108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41

U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/Far/52_000.htm#P1444_197921 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/Far/52_000.htm#P1519_211544 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/Far/52_000.htm#P1811_250441

_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (Oct 2018)…